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JORGE MONTECILLO v. FRANCISCO M. GICA

This case has been cited 1 times or more.

2010-03-10
LEONARDO-DE CASTRO, J.
On August 8, 2002, Atty. Paras filed a Comment on Atty. Franciso D. Yap's Motion to Disqualify Protestant's (Lasola) Counsel in Election Case No. 7-2002.[19] Therein, Atty. Paras admitted that he was indeed suspended by the Court for a period of one year, which commenced on May 23, 2001 and ended on May 22, 2002. Upon the expiration of the period of his suspension, Atty. Paras confirmed that he also filed a motion to lift the order of suspension, as advised by the Office of the Bar Confidant. Atty. Paras, however, disagreed with the theory of Atty. Yap that a formal reinstatement by the Court was necessary before he could resume his practice of law. Atty. Paras alleged that the jurisprudence[20] cited by Atty. Yap, in support of the latter's Motion, were applicable only to cases where the penalty imposed upon an erring lawyer was either indefinite suspension or disbarment. Atty. Paras insisted that the cases cited were impertinent where the penalty meted out by the Court has a fixed and definite period of effectivity.